Prosecutors in the case against James Holmes, the suspect in the Aurora movie theater massacre, believe that the University of Colorado Police Department opened a file on him prior to the July 20 shootings.
The revelation comes in a newly released ruling by Judge William Sylvester, ordering that prosecutors be allowed access to numerous documents from Holmes' time in a neuroscience program at CU.
In deciding whether to release any police records or police intelligence files that CU had on Holmes, Sylvester wrote, "The People acknowledge that they 'probably have campus police records, but [they] don't know that for sure.' "
Prosecutors have previously alleged that Holmes made a threat to a CU professor. And Holmes' one-time psychiatrist, Dr. Lynne Fenton, testified at a hearing in the case that she approached a CU police officer about a patient around the same time as her last meeting with Holmes.
Sylvester ruled that police records on Holmes should be released to prosecutors except those that detail contacts Holmes had with Fenton, as that information would be protected by doctor-patient confidentiality.
"If the University of Colorado Police Department has a law enforcement investigation file about Defendant, that information is likely relevant," Sylvester ruled.
Sylvester also ordered that prosecutors be given access to certain parts of Holmes' application to CU, his transcript, records detailing his academic performance and reasons for withdrawing from the university. Sylvester denied, however, access to Holmes' class schedule and documents concerning an undescribed voice-mail message and a "database note."
Dan Meyers, a spokesman for CU Denver's school of medicine, which oversees the neuroscience program, said he could not comment on the records because of a gag order in the case.
Holmes began withdrawing from CU in June. The following month, he is accused of opening fire inside a movie theater during the premiere of the new Batman movie. Twelve people were killed and another 58 injured. He faces 166 counts of murder, attempted murder and other charges.
His next court hearing is scheduled for Oct. 25, but his attorneys —
who are expected to argue at that hearing that prosecutors should be sanctioned for leaks to the media over a notebook Holmes mailed to Fenton — have asked to postpone it so they can have more time to prepare.John Ingold: 303-954-1068, jingold@denverpost.com or twitter.com/john_ingold
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